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Bogus Capital Gain

Latest Articles


Fetters on Principle of Natural Justice in Penny Stock Cases

Income Tax : Introduction: The assessee has been taking a common argument against the addition on account of penny stock. The said argument rev...

August 16, 2020 4038 Views 2 comments Print

Judgments in Favour of Revenue in Penny Stock Cases

Income Tax : The provision for exemption of long term capital gains from shares requiring payment of securities transaction tax has been taken ...

December 10, 2019 20715 Views 1 comment Print

Human Probability Scores over Evidence

Income Tax : It is a very well-known fact that High court only entertains question of law and Income tax Appellate Tribunal (ITAT) is the last ...

May 13, 2019 5859 Views 0 comment Print


Latest Judiciary


Shares Sale/Purchase Not a Colourable Transaction Based on Mere Suspicion

Income Tax : Read the detailed analysis of ITAT Calcutta decision in CIT vs. Lakshmangarh Estate & Trading Co Ltd regarding disallowance of cap...

July 18, 2024 21 Views 0 comment Print

Loss of penny stock: Section 263 revision not valid if twin conditions not fulfilled

Income Tax : Explore the Calcutta High Court judgment in PCIT Vs Kaushalya Dealers Pvt Ltd under Income Tax Act 1961, focusing on Section 263 j...

June 27, 2024 225 Views 0 comment Print

Alleged Bogus LTCG: AO’s Non-Addition Not Automatically makes order Erroneous

Income Tax : ITAT Jaipur rules that AO's non-addition of bogus LTCG does not make the order automatically erroneous. Detailed analysis of Vipul...

June 25, 2024 354 Views 0 comment Print

Rajasthan HC upheld deletion of Addition of LTCG on Sale of Share of Kappac Pharma

Income Tax : Rajasthan HC dismisses Income Tax Dept's appeal, upholds ITAT decision deleting additions on capital gain from share sale. Read th...

June 25, 2024 294 Views 0 comment Print

MP HC Dismisses IT Dept’s Appeal on Bogus LTCG  on penny stock script

Income Tax : MP High Court dismisses the Income Tax Dept's appeal against Gopal Tayal, upholding ITAT's decision on alleged bogus penny stock L...

June 15, 2024 768 Views 0 comment Print


ITAT upholds addition under section 68 for bogus LTCG from penny stocks

July 15, 2023 2718 Views 0 comment Print

The ITAT Kolkata has dismissed the appeal of Rohit Agarwal against the order of the Ld. CIT(A)-10, Kolkata. The appeal challenged the addition of Rs. 46,97,718/- as unexplained cash credit under section 68 of the Income Tax Act. The tribunal upheld the decision of the revenue authorities, stating that the transactions in question involved penny stocks and were held to be bogus by the Calcutta High Court.

LTCG from sale of shares of 21st Century Finance Ltd. is genuine: ITAT Indore

June 1, 2023 1377 Views 0 comment Print

JCIT vs Amandeep Singh Bhatia: ITAT Indore dismisses revenue’s appeal, affirming CIT(A)’s deletion of Rs. 2,48,02,084/- addition as income from other sources. Detailed analysis provided.

LTCG on sale of equity shares of Lifeline Drugs and Pharma Ltd. is not genuine: ITAT Indore

February 10, 2023 1659 Views 0 comment Print

Rupesh Vyas Vs ACIT (ITAT Indore) Feeling aggrieved by appeal-order dated 20.09.2018 passed by learned Commissioner of Income-Tax (Appeals)-1, Indore [“Ld. CIT(A)”], which in turn arises out of assessment-order dated 15.12.2016 passed by the learned ACIT-3(1), Indore [“Ld. AO”] u/s 143(3) of the Income-tax Act, 1961 [the Act] for Assessment-Year 2014-15, the assessee has filed […]

Share transaction through banking channels on stock exchange with STT payment not bogus

January 29, 2023 1446 Views 0 comment Print

The fact that shares were traded on stock exchange after paying securities transaction tax, and that money had been received through banking channels only demonstrated that they were not bogus transactions.

Addition for LTCG on Sale of Penny Stock without Cogent evidence is invalid

December 26, 2022 1758 Views 0 comment Print

PCIT Vs Karuna Garg (Delhi High Court) PCIT states that ITAT has erred in deleting the additions on account of bogus Long-Term Capital Gain on sale of penny stock company namely M/s Goldline International Finvest Ltd. on the ground that the assessing officer has not made independent enquiry. ITAT held that In the absence of […]

ITAT upheld addition for LTCG of accommodation/bogus entries through penny stock companies

November 16, 2022 2526 Views 0 comment Print

Manish Goel Vs ITO (ITAT Kolkata) ITAT find that in the case of Swati Bajaj (supra), the facts before the Hon’ble Jurisdictional High Court, were that the assessee has claimed exempt income under section 10(38) of the Act at Rs.28,23,500/- from sale of equity shares of a listed company namely Surabhi Chemicals & Investment Limited. […]

HC upheld re-assessment proceeding against alleged bogus LTCG

October 28, 2022 1860 Views 0 comment Print

Vikas Jain Vs ITO (Delhi High Court) In view of the report of DDIT (Inv.) Unit-7(1) and 7(3) Mumbai, shared with the AO which suggests that the LTCG earned by the petitioner in AY 2014-15 was bogus and since, the said LTCG was claimed as exempt income, the AO at this stage, concluded that the […]

ITAT deletes addition for LTCG on Penny stock as interim order of SEBI was revoked

October 24, 2022 2607 Views 0 comment Print

Sunita Chaudhry Vs ITO (ITAT Mumbai) We find that SEBI vide interim order dated 19/12/2014 and 11/08/2015, inter-alia, restrained 154 entities, including the assessee, from accessing the securities market and buying, selling or dealing in securities, either directly or indirectly, in any manner, till further directions, pending investigation in the script of in case of […]

Addition based on investigation wing report in violation of principles of natural justice not valid

October 5, 2022 3030 Views 0 comment Print

Prakash Javia HUF Vs ITO (ITAT Indore) Records placed before us also shows that report of the investigation wing or any enquiry conducted from 3rd persons were not made available to the assessee which thus grossly violates the principles of natural justice. As the assessee never got opportunity to go through these reports this action […]

Penny stock/accommodation entry – Reassessment notice must contain relevant documents 

September 13, 2022 1527 Views 0 comment Print

Assessee found to be a beneficiary of accommodation entries and been instrumental in manipulating prices of several penny stock scrips on stock exchange.

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